OCR Text |
Show LA PLATA RIVER COMPACT 199 ARTICLE II The waters of the La Plata Kiver are hereby equitably apportioned between the signatory States, including the citizens thereof, as follows: 1. At all times between the 1st day of December and the 15th day of the succeeding February each State shall have the unrestricted right to the use of all water which may flow within its boundaries. 2. By reason of the usual annual rise and fall, the flow of said river between the 15th day of February and the 1st day of December of each year shall be apportioned between the States in the following manner: (a) Each State shall have the unrestricted right to use all the waters within its boundaries on each day when the mean daily flow at the interstate station is one hundred cubic feet per second, or more. (b) On all other days the State of Colorado shall deliver at the interstate station a quantity of water equivalent to one-half of the mean flow at the Hesperus station for the preceding day, but not to exceed one hundred cubic feet per second. 3. Whenever the flow of the river is so low that in the judgment of the State engineers of the States the greatest beneficial use of its waters may be secured by distributing all of its waters successively to the lands in each State in alternating periods, in lieu of delivery of water as provided in the second paragraph of this article, the use of the waters may be so rotated between the two States in such manner, for such periods, and to continue for such time as the State engineers may jointly determine. 4. The State of New Mexico shall not at any time be entitled to receive nor shall the State of Colorado be required to deliver any water not then necessary for beneficial use in the State of New Mexico. 5. A substantial delivery of water under the terms of this article shall be deemed a compliance with its provisions and minor and com- pensating irregularities in flow or delivery shall be disregarded. ARTICLE III The State engineers of the States, by agreements from time to time, may formulate rules and regulations for carrying out the provisions of this compact, which, when signed and promulgated by them, shall be binding until amended by agreement between them or until ter- minated by written notice from one to the other. ARTICLE IV Whenever any official of either State is designated to perform any duty under this compact, such designation snail be interpreted to include the State official or officials upon whom the duties now per- formed by such official may hereafter devolve. article v The physical and other conditions peculiar to the La Plata River and the territory drained and served thereby constitute the basis for this compact, and neither of the signatory States concedes the estab- lishment of any general principle or precedent by the concluding of this compact. |